| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 2 |
| Hearing date | 25 Oct 2013 |
| Determination date | 06 January 2014 |
| Member | T MacKinnon |
| Representation | G Ogilvie ; M Nader Hossaini |
| Location | Wellington |
| Parties | Taafuli v Mega Wreckers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Alleged dishonesty and theft – Applicant dismissed after seeking payment of wages – Dismissal retracted following day – Whether applicant underpaid customer for car – Customer signed receipt – Whether customer threatened to go to Police – No employment agreement – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for respondent’s failure to provide reasons for dismissal and failure to provide wage, time and holiday records when requested – COSTS – Applicant sought $3,500 contribution towards costs – Tow truck driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Likely customer threatened to go to Police. Respondent carried out investigation by interviewing applicant and customer separately and involving both in three-way telephone discussion. Respondent intended to continue applicant’s employment but changed mind after customer threatened to go to Police. Unreasonable for respondent to assume applicant lied because customer willing to go to Police especially in light of receipt signed by customer. Process followed by respondent defective. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $1,661 reimbursement of lost wages. $6,000 compensation appropriate.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent’s account of hours worked by applicant not accepted. Respondent to pay applicant $603 arrears of wages and $142 arrears of holiday pay.;PENALTY: Penalty not appropriate for respondent’s failure to provide reasons for applicant’s dismissal. Penalty warranted for respondent’s failure to provide wage and time records when requested. $750 penalty appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $2,500 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($1,661.25) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($603.40) ; Arrears of holiday pay ($142.80) ; Penalty ($750)(payable to Crown) ; Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(3);ERA s124;ERA s130(1);ERA s130(2);ERA s130(4);ERA s131;ERA s131(2);ERA s132(2);Holidays Act 2003 s23 |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Wellington_2.pdf [pdf 232 KB] |